Practice Management

Informal discovery: save time, save money, get better results.

By Dan Hull

Twenty years ago, James McElhaney, a gifted lawyer, writer and teacher of trial tactics, and the ABA Litigation Section, first published McElhaney's Trial Notebook, now in its fourth edition. Discovery, McElhaney notes, is a good way to learn what a witness will say, or to bind a party or witness to a particular version of the facts.

However, formal discovery "is a very inefficient way to get information." There are lots of investigation ideas in McElhaney's book, but they all involve simple curiosity and do-it-yourself "trolling" for information the trial lawyer gets first-hand on his or her own. Next time a new case begins, resist rushing into written discovery and depositions. Step back from the discovery routine--you'll get into

Full post as published by What About Clients? on October 02, 2008 (boomark / email).